Peter Kamau Gathoro v David Waweru Nganga [2020] KEHC 9856 (KLR)
- Court
- High Court of Kenya
- Case number
- 9856
- Citation
- [2020] KEHC 9856 (KLR)
- Decided
- 11 June 2020
The court held that the claim for future medical expenses was specifically pleaded and proved, and thus the trial court erred in not awarding the appellant Kshs. 440,000 as future medical expenses. The court also found that the appellant's claim for Kshs. 10,000 as the doctor's court attendance fee was not specifically pleaded and thus not awardable.
Facts
The appellant, Peter Kamau Gathoro, filed a suit against the respondent, David Waweru Nganga, alleging that an accident involving the respondent's vehicle on April 14, 2014, caused him to suffer from a shortened leg requiring future medical treatment.
Issues
- Whether the trial court erred in not awarding the appellant Kshs. 440,000 as future medical expenses.
- Whether the court ought to award the appellant Kshs. 10,000 as the doctor's court attendance fee.
Reasoning
The court determined that the claim for future medical expenses was specifically pleaded and proved, and thus the trial court erred in not awarding the appellant Kshs. 440,000 as future medical expenses. The court also found that the appellant's claim for Kshs. 10,000 as the doctor's court attendance fee was not specifically pleaded and thus not awardable.
Outcome
The appeal was allowed with costs, and the trial court's decision on future medical costs was set aside and substituted with an award on the same as prayed for in the plaint being a sum of Kshs. 440,000.
Orders
- Future medical costs of Kshs. 440,000 awarded to the appellant.
- Doctor's court attendance fee of Kshs. 10,000 not awarded.
Remedies
- Future medical costs of Kshs. 440,000 awarded to the appellant.
Authorities cited
Cases cited (3)
- Tracom Limited & another v Hasssan Mohamed Adan [2009] eKLR
- Kenya Bus Services Ltd vs. Gituma (2004) 1 EA 91
- Mbaka Nguru & Anor. Vs James George Rakwar[1998]eKLR
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